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Archive: September, 2014

Posts in September, 2014

Exporter not barred from seeking determination of Brand Rate of drawback even if he already applied at all India rates

September 10, 2014 1141 Views 0 comment Print

Accordingly, it was held that the manufacturer or exporter is not barred from seeking a determination of the Brand Rate of drawback under Rule 7 merely because, at the time of export, the Petitioner had applied for and granted drawback at All Industry Rate as determined under Rule 3.

Service provider can avail Cenvat credit on input services prior to Service tax registration

September 10, 2014 15319 Views 0 comment Print

The Hon’ble CESTAT, Delhi also relied upon the decision in the Metric Solution case and held that Cenvat credit in respect of inputs/ input services received by an output service provider during the period prior to his obtaining Service tax registration is admissible and denial of Cenvat credit on this ground is not correct.

Provisions related to Internal Audit under Companies Act 2013

September 10, 2014 5312 Views 0 comment Print

Section 138 of the Act provides that such class or classes of companies as may be prescribed shall be required to appoint an internal auditor. Such internal auditor shall be appointed by the board and may be a chartered accountant or cost accountant or or such other professional as may be decided by the board.

Treatment of accounts opened for credit of Scholarship Amounts under Government Schemes

September 10, 2014 1328 Views 0 comment Print

As directed by the Bombay High Court, Regional Rural Banks and State / Central Cooperative Banks are hereby advised to ensure that accounts of all student beneficiaries under the various Central/State Government Scholarship Schemes are free from restrictions of ‘minimum balance’ and ‘total credit limit’.

An assessee is entitled to refund of unutilized credit balance lying in his account on closure of his unit in absence of any bar

September 10, 2014 7844 Views 0 comment Print

The Hon’ble Tribunal observed that there is no dispute as to the fact that amount lying in balance in the Cenvat credit account of the Appellant. Further, it was noted that refund of the unutilized Cenvat credit does not fall under any of the rules and that there are no express or implicit provisions in the Excise Act and the Credit Rules for grant of refund of Cenvat Credit balance lying unutilized at the time of closure of the unit.

Draft Tax Laws That Promote Intent Rather Than Litigation: Member CBDT

September 9, 2014 1178 Views 0 comment Print

The Central Board of Direct Taxes (CBDT) on Thursday suggested that the government should draft the tax laws in a manner so that their intent comes out more forcefully and plug possibilities of  misinterpretation of laws to benefit vested interests as also prevent chances for dragging the interpretation of laws to courts and tribunals. The […]

Upper age limit for Whole Time Directors on the Boards of Banks

September 9, 2014 1463 Views 0 comment Print

It has been decided that the upper age limit for MD & CEO and other WTDs of banks in the private sector should be 70 years, i.e. beyond which nobody should continue in the post. Within the overall limit of 70 years, individual bank’s Boards are free to prescribe a lower retirement age for the WTDs, including the MD & CEO, as an internal policy.

Guidelines on Wilful Defaulters – Clarification regarding Guarantor, Lender and Unit

September 9, 2014 2348 Views 0 comment Print

While dealing with wilful default of a single borrowing company in a Group, the banks /FIs should consider the track record of the individual company, with reference to its repayment performance to its lenders. However, in cases where guarantees furnished by the companies within the Group on behalf of the wilfully defaulting units are not honoured when invoked by the banks /FIs, such Group companies should also be reckoned as wilful defaulters

8 Secrets of Success by Richard St. John

September 9, 2014 5313 Views 0 comment Print

The 8 Secrets of Success is transcribed from a TED-ED lecture by Richard St. John. He took more than 500 interviews of successful persons over the world including Bill gates, Jeff Bezoz, Larry Page, Richard Branson, Oliver Stone, Deepak Chopra, Sergey Brin etc. The Secrets of Success are as follows. Love what you do (Passion) […]

CA Community Files PIL against Revised Tax Audit report in Delhi & Other HCs

September 9, 2014 17362 Views 0 comment Print

CBDT has vide notification no. 33/2014 dated 25.07.2014 revised the format of  Tax Audit Report to be furnished under section 44AB of the Income tax Act with effect from 25.07.2014 and vide  Order No.F.No.133/24/2014- Dated 20.08.2014  extended the due date of filing Tax Audit Report (TAR) to 30.11.2014 but kept the the due date of […]

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